Archive for the ‘Visitation’ Category

Can my child’s mother move to another state and take my children?

Friday, August 18th, 2017

By: Kristina Beavers

There are two parts to this question.  The answer to the first part is ‘yes’, your child’s mother (or father) can move to another state.  An adult in the United States is free to move anywhere in the country.

A Relocation Case

This is called a ‘relocation’ case in the child custody world and the mother may not be allowed to take the child with her.  In Virginia, there are special criteria to allow a parent to move a child away from the other parent.  A move that would be a benefit to the mother is not always the best thing for the child and the child’s relationship to the other parent.  This is really part of the ‘best interest of the child’ standard.  The courts feel that being allowed access to both parents is usually in the best interest of the child.  But there are additional items that need to be addressed in a relocation case, such as an independent benefit to the child from allowing the move and the history and frequency of contact with the non-custodial parent.  The courts will also look at the child’s contact with local extended family and friends.

I often tell parents that a ‘normal’ custody/visitation case in the Juvenile and Domestic Relations District Court (JDR) is about the only time I might recommend handling a case without an attorney.  However, because of the details that are necessary to prove in a relocation case, I almost always recommend the assistance of an attorney.  It is just too important to leave to chance.

Contact us for more information

If you have questions about this, please contact the office of Beavers Law, P.C. at 757-234-4650 to schedule a consultation with one of our attorneys.  You can also visit us on the web at www.BeaversLaw.com.

Terminating Parental Rights

Saturday, January 2nd, 2016

I’ve had  a few people contact me recently because they either want to voluntarily relinquish their parental rights, or they want to terminate the parental rights of an absent father.  Trust me, I’m not picking on fathers but I’ve had the same question 3 times in the past 2 weeks and they all just happened to concern absent fathers.

First of all, the Courts in Virginia will not let anyone voluntarily relinquish parental rights.  If both parents agree that the father won’t be involved in the child’s life, and the mother is able to properly provide for the child, there is no reason to have the court involvement at all.  Just do it.  Most people agree that it is better for a child to have both parents involved in their life, but it is still a personal decision.

However, if the parents think that they can get rid of a father who can not afford to pay child support and then apply for TANF to support the child, that won’t happen.  And while the Courts themselves can terminate parental rights when a parent has been proven to be unfit, you can’t request that the Courts do so just because a parent has not been involved in the child’s life, and/or is unable to provide financial support.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

What Is An ‘Uncontested Divorce’?

Wednesday, December 26th, 2012

I often have potential clients come into my office saying that they want an ‘uncontested divorce’, that quickly evolves into a ‘contested divorce’ instead.  Most of the time that is because the client really doesn’t understand what is meant by an ‘uncontested divorce’.

It is more than just an agreement that the marriage should be ended.

At least one of the Circuit Courts in this area has detailed exactly what they consider to be an ‘Uncontested Divorce’:

(a) All of the issues regarding the division of property have been agreed to by the parties; and

(b) The grounds are separation for the statutory period (no-fault); and

(c) Child support, spousal support, custody, and/or visitation are not requested; or if they are requested; there is a written and signed agreement between the spouses.

Of course, there is often no signed agreement when you first come to the attorney’s office for a consultation, but in order to have a true uncontested divorce, you need to have full agreement between the husband and wife about the important aspects of the property division and matters concerning the children.

I suggest that the husband and wife should write down what they understand to be in the agreement, so both parties have a copy of what is going to be put in the final agreement drafted by the attorney.  Once the details are given to the attorney, he or she can put those details into the proper form.

If any of the above are not true, then you probably do not have an uncontested divorce.  This does not necessarily mean that the divorce has to be contentious or that we can not quickly get to an agreement, but it will take at least a minimum of time and effort.

Usually, if the other spouse has retained an attorney for anything other than to just prepare or review some paperwork, the divorce is considered contested.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

Child Support and Custody (and visitation)

Saturday, September 8th, 2012

Custody and visitation go hand-in-hand because if one parent has physical custody, the time that the child spends with the other parent is called visitation.  Most people are comfortable with how these work together.

Most people are also comfortable with the idea that the parent who has physical custody of the child can receive child support from the other parent.

Sometimes the visiting parent, who is also ordered to pay child support, may not be making those child support payments on time.  That is a problem all by itself and it can be handled through the courts.

But making or not making child support payments is only one factor to be considered when determining visitation.  Not making child support payments alone should not keep a parent from having visitation with his or her child.

The bottom line is that if the court has allowed visitation with the child, the custodial parent cannot deny visitation just because the visiting parent is not current in his or her child support payments.

So, what do you do if you are reading this and you are in the position where you are behind in your child support payments and your child’s custodial parent won’t let you see your children?  The specific action will depend on what court orders are already in place concerning custody, visitation and support.

If you don’t have copies of the orders, you can go to the clerk’s office and request copies.  (this is also a good place to mention that these orders are very important and you should keep copies in a safe place so you have access to them when needed).

My suggestion is to then take those orders with you when you consult with an attorney.  That attorney will be able to read the orders, listen to your story, and give you a plan of how to go about trying to get what you want based on the laws that pertain to your situation.

From a very personal standpoint, I find it very sad when a father wants to see his children, but he doesn’t even try because he is behind in child support.  It is sad for the father, it is sad for the grandparents and other family members, but most of all, it is sad for the child.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.